Mike decided to take a sky diving class. Before going up in the plane, Mike had
ID: 2732962 • Letter: M
Question
Mike decided to take a sky diving class. Before going up in the plane, Mike had to sign an exculpatory clause. After signing the waiver, he went for his first lesson. The instructor, tired of working for low pay, intentionally gave Mike a defective parachute. Mike was critically injured and sued the sky diving company. What will the court do? The court will allow the company to use the exculpatory clause.
The court will rule in favor of Mike and not allow the company to use the exculpatory clause because the conduct was more than negligent.
There is no rule on this issue.
The court will order the company to throw away the exculpatory clauses.
None of the above.
Explanation / Answer
Option (B) -An exculpatory clause is a contract provision that relieves one party of liability if damages are caused during the execution of the contract. The party that issues the exculpatory clause is typically the one seeking to be relieved of the potential liability. However there are some exceptions to this clause where damages could still be recovered, even in the presence of exculpatory clause. One of such is gross negligence, intentional actions or a wanton disregard of the other party's well-being. Therefore court will rule in favor of Mike and not allow the company to use the exculpatory clause.